Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 124 of 2019 Petitioner :- Swaran Singh Respondent :- District Judge Meerut And 3 Others Counsel for Petitioner :- Vishnu Singh,Anil Kumar Rai Counsel for Respondent :- Sanjeev Kumar Tyagi
Hon'ble Mrs. Sunita Agarwal,J.
No one appears to press the present petition. There is a resolution of the High Court Bar Association to abstain from judicial work.
The present petition is directed against the order of rejection of Transfer Application No. 2229 of 2018 (Swaran Singh vs. Subhash and others) vide order dated 17.12.2018 passed by the District Judge, Meerut.
From a perusal of the transfer application, filed under Section 24 of the Code of Civil Procedure with the prayer to withdraw the Original Suit No. 898 of 2008 (Subhash vs. Swaran Singh and another) from the Court of the Additional Civil Judge (Senior Division), Meerut, is based on the assertion that the Civil Court lacks jurisdiction in entertaining the suit, inasmuch as, the plaintiff is not a recorded owner of the suit land and the suit is barred by Section 331 of the U.P.Z.A.&L.R. Act.
The District Judge, Meerut has rejected this application with the observation that no reasonable or valid ground has been made out to transfer the case to another Court.
Having noticed the plea taken by the petitioner in the transfer application, this Court is of the considered view that such a plea has to be taken before the Court before whom the suit is pending.
In case, the petitioner has taken such an objection, the Court concerned would be under obligation to frame an issue and decide the same, in accordance with law.
No interference is, thus, required in the order of rejection of transfer application. The petitioner is at liberty to raise plea of bar of jurisdiction of the trial court before it.
Subject to the above, the present petition is disposed of. Order Date :- 28.1.2019 Brijesh